EC Title IX Policy

I. Policy Statement and Commitment

Ecclesia College is committed to providing a learning and working environment free from all forms of sex discrimination, including sexual harassment, sexual assault, dating violence, domestic violence, and stalking. This policy reaffirms the College’s dedication to the principles of Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in any federally funded education program or activity.

The College promptly and equitably responds to all reports of sex discrimination. This policy outlines the College’s procedures for addressing alleged violations and provides a framework for support, prevention, and education.

II. Scope and Application

This policy applies to all students, employees, and third parties (e.g., visitors, vendors) involved in the College’s education programs or activities. It covers conduct that occurs within the College’s education programs or activities, including but not limited to, on campus, at College-sponsored events, or in Ecclesia College-owned or controlled buildings. The College may also extend its jurisdiction to off-campus conduct that has continuing adverse effects on the College’s education program or activity or if it occurs in the context of College employment or enrollment.

III. Prohibited Conduct

The following conduct is prohibited under this policy:

A. Sexual Harassment

Sexual harassment is defined as any of the following:

  1. Quid Pro Quo Harassment: An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct.
  2. Unwelcome Conduct: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity.
  3. Specific Offenses: Sexual assault, dating violence, domestic violence, or stalking, as defined below.

B. Sexual Assault

Sexual assault is defined as any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. This includes, but is not limited to:

  • Rape
  • Sodomy
  • Fondling
  • Incest
  • Statutory Rape

C. Dating Violence

Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

D. Domestic Violence

Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction where the crime of violence occurred, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction where the crime of violence occurred.

E. Stalking

Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress.

IV. Reporting and Support Resources

A. Reporting an Incident

Any person who believes they have experienced or witnessed sex discrimination, including sexual harassment, sexual assault, dating violence, domestic violence, or stalking, is encouraged to report the incident promptly. Reports can be made to:

  • Title IX Coordinator: Liz Newlun, Dean of Students, Ecclesia College, 479 366-9074, lnewlun@ecollege.edu
  • Designated Officials: Dean of Students, HR Director, Campus Security, Coaching Staff. Any compensated EC staff member who encounters students in the commission of their work.
  • Reporting form: a specific reporting form is not necessary. The accuser should write a brief report describing the incident in objective detail. Reports can be made at any time, including during non-business hours, by email or telephone.

B. Confidential Resources

The College provides confidential resources that can offer support without reporting to the College, unless there is an imminent threat of harm. These resources include:

  • Campus Counseling Services: Academic Dean, dauslam@ecollege.edu 
  • Health Services: Student Services, 1 floor Dome
  • Off-Campus Resources: Local rape crisis centers, domestic violence shelters, mental health services, etc. [Provide examples/links]

C. Non-Confidential Resources

All College employees (except confidential resources) are generally required to report incidents of sex discrimination to the Title IX Coordinator once they are made aware.

V. Title IX Coordinator

The College has designated a Title IX Coordinator to oversee its compliance with Title IX. The Title IX Coordinator is responsible for:

  • Overseeing all complaints of sex discrimination.
  • Ensuring prompt and equitable resolution of all complaints.
  • Implementing supportive measures.
  • Coordinating prevention and education efforts.

Contact Information for the Title IX Coordinator: 

Liz Newlun

Dean Of Students 

9653 Nations Drive, 

Springdale, Arkansas 72762

479 366-9074 

lnewlun@ecollege.edu

Others who may serve on Investigatory Honor Counsel

College President, Academic Dean, Department Chair, Athletic Coaches as well as any staff that may serve as an advocate for a student.

VI. Response to Reports and Supportive Measures

Upon receipt of a report of alleged sex discrimination, the Title IX Coordinator or a designee will:

  1. Offer Supportive Measures: The College will offer and implement appropriate supportive measures, without fee or charge, to the complainant and respondent as reasonably available, regardless of whether a formal complaint is filed. Supportive measures are non-disciplinary, non-punitive individualized services provided without charge or fee to the complainant or respondent that are designed to restore or preserve equal access to the College’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sex discrimination. Examples include, but are not limited to, no-contact orders, changes to academic or work schedules, changes to housing, and access to counseling or medical services.
  2. Explain Options: Inform the complainant of their right to file a formal complaint, the availability of supportive measures, and how to file a formal complaint.
  3. Assess Safety: Conduct an initial assessment of the safety of the campus community and the parties involved.

VII. Formal Grievance Process

This section outlines the College’s grievance process for formal complaints of sexual harassment.

A. Filing a Formal Complaint

A Formal Complaint is a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the College investigate the allegation of sexual harassment.

  • A formal complaint may be filed in person, by mail, or by electronic mail by the complainant or the Title IX Coordinator.
  • When the Title IX Coordinator signs a formal complaint, they are not a complainant or otherwise a party to the grievance process.

B. Notice of Allegations

Upon receiving a formal complaint, the College will provide written notice to both the complainant and the respondent, which includes:

  • Notice of the College’s grievance process.
  • Notice of the allegations of sexual harassment, including the identities of the parties involved (if known), the date and location of the alleged incident (if known), and the specific sections of the College’s code of conduct or policy that are alleged to have been violated.
  • A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
  • Notice of the parties’ right to an advisor of their choice, who may be, but is not required to be, an attorney, and who may inspect and review evidence.
  • Notice of the parties’ right to present evidence and witnesses.
  • Notice of the College’s prohibition against knowingly making false statements or knowingly submitting false information during the grievance process.

C. Investigation Process

  1. Impartial Investigation: The College will conduct an objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence.
  2. Equal Opportunity: Both parties will have an equal opportunity to present witnesses and other evidence, including, but not limited to, documents, communications, and other relevant information.
  3. Review of Evidence: Prior to completing the investigative report, the College will send to each party and their advisor, if any, the evidence subject to inspection and review, and provide each party at least 10 days to submit a written response, which the investigator will consider prior to finalizing the investigative report.
  4. Investigative Report: The investigator will prepare a written investigative report that fairly summarizes relevant evidence. This report will be sent to the parties and their advisors at least 10 days prior to the live hearing (or other decision-making process) to allow them time to prepare for the hearing.

D. Live Hearing

For all formal complaints of sexual harassment, the College will conduct a live hearing.

  1. Opportunity for Cross-Examination: At the live hearing, the decision-maker(s) must permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. This cross-examination must be conducted directly, orally, and in real time by the party’s advisor, and not by a party personally.
  2. No Direct Cross-Examination by Parties: If a party does not have an advisor, the College will provide an advisor of its choice, without fee or charge, to conduct cross-examination on behalf of that party.
  3. Relevance Determination: Only relevant cross-examination questions may be asked of a party or witness. Before a party or witness answers a cross-examination question, the decision-maker(s) must determine whether the question is relevant and explain any decision to exclude a question as not relevant.
  4. Exclusion of Sexual Predisposition/Prior Sexual Behavior: Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless:
    • They are offered to prove that someone other than the respondent committed the conduct alleged; or
    • They concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
  5. Technology: Live hearings may be conducted with all parties physically present in the same room, or, at the College’s discretion, any or all parties, witnesses, and the decision-maker(s) may participate remotely, with technology enabling participants to simultaneously see and hear each other.

E. Decision-Making

  1. Standard of Evidence: The College will use the preponderance of the evidence standard to determine responsibility. This means that it is more likely than not that the sexual harassment occurred.
  2. Written Determination: The decision-maker(s) will issue a written determination regarding responsibility to the parties simultaneously. This written determination will include:
    • The allegations of sexual harassment.
    • A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews conducted, and methods used to gather evidence.
    • Findings of fact supporting the determination.
    • Conclusions regarding the application of the College’s code of conduct or policy to the facts.
    • A statement of, and rationale for, the result as to each allegation.
    • Any disciplinary sanctions imposed on the respondent.
    • Any remedies designed to restore or preserve equal access to the College’s education program or activity.
    • The College’s procedures for appeal.

F. Appeals

Both the complainant and the respondent have the right to appeal the decision-maker’s determination. Appeals must be filed in writing within 48 hours of receiving the written determination. Grounds for appeal include:

  1. A procedural irregularity that affected the outcome of the matter.
  2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter.
  3. The Title IX Coordinator, investigator, or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally, or the individual complainant or respondent, that affected the outcome of the matter.

The appeal decision will be final.

G. Sanctions

If a respondent is found responsible for violating this policy, appropriate sanctions will be imposed based on the severity and nature of the misconduct, previous disciplinary history, and other relevant factors. Sanctions may include, but are not limited to, disciplinary probation, suspension, expulsion (for students), or disciplinary action up to and including termination of employment (for employees).

VIII. Training

All College personnel involved in the Title IX grievance process, including the Title IX Coordinator, investigators, decision-makers, and any person who facilitates an informal resolution process, receive annual training on topics relevant to their roles, including:

  • The definition of sexual harassment.
  • The scope of the College’s education program or activity.
  • How to conduct an investigation and grievance process.
  • How to serve impartially, including by avoiding prejudgment of the facts, conflicts of interest, and bias.
  • Issues of relevance of questions and evidence, including when questions and evidence about a complainant’s sexual predisposition or prior sexual behavior are not relevant.

IX. Prohibition Against Retaliation

The College prohibits any form of retaliation against individuals who report sex discrimination, participate in the grievance process, or otherwise exercise their rights under Title IX. Retaliation is a serious offense and will be subject to disciplinary action separate from the underlying allegations of sexual harassment.

X. Confidentiality

The College strives to protect the privacy of all parties involved in a report or formal complaint of sexual harassment. However, maintaining complete confidentiality may not be possible as the College must take steps to investigate and address reports to ensure the safety and well-being of the campus community. Information will be shared on a “need-to-know” basis to facilitate the investigation and resolution process.

XI. Documentation

The College will document the training of all personnel who encounter students during the commission of the workday. The Title IX Coordinator will be responsible for Moderating in-service training for all personnel on the campus. A copy of all trainee’s name, position, and date of training will be kept securely in a file available for review. A copy of the training handouts will also be kept in the file. Copies of the current EC Title IX Policy will be available for review in the office of Student Development. All documentation of an accusation and resolution will be maintained in a separate file and kept for a minimum of seven years.

Training Materials

Definition of sexual harassment, as defined in the Ecclesia College Title IX Policy, includes any of the following:

  1. Quid Pro Quo Harassment: An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct.
  2. Unwelcome Conduct: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity.
  3. Specific Offenses: Sexual assault, dating violence, domestic violence, or stalking, as defined within the policy.

Overview of Victim Advocacy and Incident Reporting

College personnel need to be prepared to advocate for victims and report incidents on campus. These training materials are designed to equip staff and faculty with the knowledge and skills necessary to provide compassionate support while adhering to university policies and legal obligations. The goal is to create a safe and supportive environment for all members of the campus community.

Understanding the Role of an Advocate

A victim advocate on campus provides support to an individual who has experienced harm. This support is multifaceted and includes:

  • Emotional Support: Listening without judgment, validating feelings, and offering a safe space to talk. It’s crucial to acknowledge the victim’s experience and let them guide the conversation.
  • Informational Support: Providing information about available resources, both on and off campus. This includes counseling services, health services, and legal options.
  • Procedural Support: Explaining the university’s reporting process and what to expect. This includes clarifying the difference between a formal complaint and an informal resolution.
  • Referral: Connecting the victim with other professionals, such as Title IX coordinators, campus security, or local law enforcement, based on their needs and wishes.

It is important to remember that as a campus professional, you are not a therapist, and your role is to support, not to solve the problem for them. Your primary responsibility is to inform the victim of their options and empower them to make their own choices.

The Reporting Process

Reporting an incident is a critical step in ensuring the safety of the campus community. The process can vary depending on the type of incident, but generally follows these steps:

  1. Receive the Disclosure: When a victim confides in you, your first priority is to listen empathetically. Start by saying something like, “Thank you for trusting me with this. I’m so sorry this happened.”
  2. Explain Your Role and Confidentiality: It’s vital to be transparent about your reporting obligations. As a “Responsible Employee” or “Mandatory Reporter” (depending on university policy), you must inform them that you are required to report certain types of incidents, such as sexual assault or harassment, to the Title IX office. Make it clear what information you are required to share (e.g., the date, time, location, and nature of the incident).
  3. Provide Resources: After explaining your reporting duty, immediately offer resources. This is a crucial step that empowers the victim. You can say, “While I am required to report this, you have options. Would you like me to connect you with confidential resources like our Counseling Center or the on-campus Health Services?”
  4. Complete the Report: Once you have provided support and resources, you must complete the required report. This typically involves submitting an online form or contacting the appropriate office directly (e.g., the Title IX office or Dean of Students). You must include all the information you are legally obligated to report.

Legal and Ethical Considerations

  • Title IX: This federal law prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. Title IX covers sexual harassment and sexual violence. All university personnel must be aware of their mandatory reporting obligations under this law.
  • Clery Act: The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act requires colleges and universities to disclose information about crime on and around their campuses. Campus personnel who are designated as “Campus Security Authorities” (CSAs) are required to report crimes to the university’s police or security department.
  • Confidentiality: It’s essential to understand the distinction between a confidential resource (e.g., a counselor or a medical professional) and a responsible employee who is required to report. You should always clarify your role to the person you are speaking with.

Practice Scenarios

To prepare for real-life situations, it can be helpful to review common scenarios.

  1. A student comes to your office and discloses they were sexually assaulted last night. * Your Action: Listen and provide emotional support. Explain your mandatory reporting role under Title IX. Offer to connect them with confidential resources like counseling or a sexual assault crisis center.
  2. A student tells you their roommate is being verbally harassed by another student.
    • Your Action: Validate the student’s concern. Explain that you will report the incident to the Dean of Students office to ensure the situation is addressed. Do not confront the harasser yourself.
  3. An employee confides in you that their partner is abusing them.
    • Your Action: As a campus employee, you can provide resources for domestic violence, such as local shelters or a campus counseling center. You are not required to report this to a university office unless it is a violation of a specific university policy (e.g., a “no-contact” order).

The goal of these training materials is to make sure you feel confident in your ability to support and advocate for victims while upholding your legal and ethical responsibilities to the university and the broader community.

Springdale, AR, USA 

What are the best practices for supporting victims? 

Supporting a victim requires a victim-centered and trauma-informed approach. This means prioritizing the victim’s needs, respecting their autonomy, and understanding how trauma can affect a person’s physical, emotional, and psychological state.

Here are some best practices for providing support to victims:

1. Create a Safe and Supportive Environment

  • Ensure physical safety: If the victim is in immediate danger, your first priority is to help them get to a safe location and, if necessary, contact campus security or law enforcement.
  • Establish a sense of emotional safety: Make it clear that you are a non-judgmental and confidential (or in some cases, a responsible but empathetic) listener. Thank them for their trust in coming to you.
  • Listen actively and with empathy: Give the person your full attention. Let them speak without interruption, and acknowledge what they’re saying with phrases like, “That sounds incredibly difficult,” or “I’m so sorry that happened.” Avoid saying, “I know how you feel,” as everyone’s experience is unique.

2. Practice a Trauma-Informed Approach

Trauma-informed care is based on five key principles: safety, choice, collaboration, trustworthiness, and empowerment.

  • Safety: The victim should feel physically and emotionally safe throughout your interaction.
  • Choice: Give the victim control over their decisions. Avoid making choices for them. Instead, present them with options and let them decide what to do next. For example, “I can provide you with information about counseling services, or you can contact them on your own. Which would you prefer?”
  • Collaboration: Work with the victim, not for them. Support their decisions and help them identify the next steps they feel comfortable taking.
  • Trustworthiness: Be transparent and honest about your role, especially if you are a mandatory reporter. Explain what information you are required to share and with whom, and what information you can keep private.
  • Empowerment: Remind the victim that they are capable of making their own decisions. Focus on their strengths and resilience, not just the trauma they’ve experienced.

3. Provide Practical Support and Resources

  • Offer specific resources: Don’t just tell them “resources are available.” Provide concrete information, such as the contact information for the campus counseling center, the Title IX office, or a local sexual assault or domestic violence hotline.
  • Focus on what they need right now: A victim may need help with immediate practical matters, such as finding a safe place to stay, getting a change of clothes, or contacting a trusted friend or family member. Ask, “What can I do for you right now?”
  • Respect their privacy: Do not share details of the incident with anyone who is not required to know (e.g., other staff members who are not part of the official reporting process) unless the victim has given you explicit permission.

4. Avoid Re-traumatization

  • Avoid “Why” questions: Asking “why” questions (e.g., “Why didn’t you leave sooner?”) can place blame on the victim and make them feel judged. Instead, ask open-ended questions like, “What were you feeling at the time?” or “What can I help you with now?”
  • Don’t press for details: Let the victim share what they are comfortable with. Do not push for more graphic or detailed information than they are willing to give.
  • Believe the victim: It is crucial to believe the person who is disclosing to you. Your role is not to investigate or determine whether the incident happened, but to provide support and connect them with the appropriate resources.

By following these best practices, you can provide compassionate and effective support that helps victims feel heard, validated, and empowered on their journey to healing.